Colonial Era 18th Century Riot Act Eviscerates Constitutionally Protected Rights in Dominica

Updated: April 15, 2025

 

                           Enforcement of  18th Century Riot Act in the 21st Century


The Constitution of the Commonwealth of Dominica, as that country's supreme law, dictates that all laws and actions must adhere to its provisions. Any law or action that contradicts the Constitution is invalid.  

The Riot Act has been used in the Commonwealth of Dominica to charge persons exercising constitutionally protected right to free assembly and association. Enshrined in the right to free assembly and association is the right to protest.  Yet, over the past 15 years, the police in Dominica has continued to bring charges against persons who are expressing their constitutionally guaranteed right to assembly and protest 'about anything'.

The Riot Act is not explicitly part of Dominica's constitution. Dominica's 1978 Constitution protects the right to life, while the use of force by the police is governed by the 1873 Colonial Act (The Criminal Law and Procedures Act).  While the Constitution does allow for the use of force in certain circumstances, including the suppression of a riot, insurrection, or mutiny, the use of the Riot Act to charge individuals exercising their constitutionally protected right to associate and assemble is explicitly unconstitutional. 

The Riot Act is considered to be inconsistent with the Constitution of the Commonwealth of Dominica, particularly regarding the potential for violating the right to fair hearing and the right of access to the law.  Specifically, concerns have been raised about the possibility of the Riot Act allowing for the killing, maiming, or hurting of individuals suspected of committing an offense without a fair hearing, which directly contradicts Section 8 of the Constitution guaranteeing protection of the law. 


The following represent the most glaring problems with the Riot Act and why it should not apply in the Commonwealth of Dominica.

1) Section 8 of the constitution of the Commonwealth of Dominica  guarantees the protection of the law, including the right to a fair hearing and due process. The Riot Act could circumvent these protections by allowing for the use of force against individuals without proper legal proceedings. 

 
2) The Riot Act's provision of immunity for those acting under its authority is problematic and concerning as it could potentially shield individuals from accountability for actions taken, potentially violating the rights of victims to access justice. 
 
3) In Dominica, the Riot Act, as well as  similar acts, like the Public Order Act,  has been used to suppress peaceful assembly and political dissent, explicitly  infringing on fundamental freedoms.  These acts has facilitated excessive use of force by police in the name of maintaining public order. The police has used teargas, rubber and live bullets against Dominican at least 6 times in the past 15 years.  These actions by the Police in Dominica have raised concerns about the protection of the right to life and the right to peaceful assembly. 
No officer has been held accountable for injury to the public. The case in Salisbury in 2019 remains particularly problematic as villagers were tear-gassed while asleep on December 5, 2019, 1-day before a general election. No officer or government official has ever been held accountable for this crime against humanity.
 
The Riot Act was repealed for the entire United Kingdom in 1973. It was repealed because of its potential for misuse by police agencies. The act required the reading of a specific proclamation to disperse crowds before force could be used.  It was considered ineffective and had been used to suppress legitimate protests. It was also cumbersome and prone to errors, with convictions being overturned if the proclamation was not read exactly as prescribed.  Yet, former colonies in the Eastern Caribbean (like the Commonwealth of Dominica) continue to enforce this colonial-era Riot Act.
 
The current DLP administration has been challenged by international human rights bodies including the UN Human Right Commission (Stockholm) about these practice. In a March 2020 hearing, the Dominica government representative was unable to provide appropriate responses to these concern. Instead, representative Vince Henderson, complained of being ambushed by the facts and suggested that the UN was getting information from 'biased sources'. The DLP government was provided with another opportunity to respond to the UN Human Rights Commission in Nov 2024. The government affirmed its commitment to upholding fundamental freedoms and ensuring justice and accountability for victims but provided no instances in which this was applied.
 
It is time to repeal and shelve the Riot Act in the Commonwealth of Dominica before disaster is brought on the Public by abusive Police actions.